Washington State Legislature Passes State-Level Net Neutrality Law Washington State Legislature Passes State-Level Net Neutrality Law

Information Technology
March 21, 2018March 21, 20182018-03-21
On February 27, 2018, the Washington State Senate passed Substitute House Bill 2282, “An Act Relating to Protecting an Open Internet in Washington State.” The law implements, at the state level, the net neutrality regulations repealed by the US Federal Communications Commission (FCC) on December 14, 2017.
Deeth Williams Wall https://www.dww.com/articles/washington-state-legislature-passes-statelevel-net-neutrality-law

Google Equustek Battle Returns to Canadian Soil Google Equustek Battle Returns to Canadian Soil

Information Technology
March 8, 2018March 8, 20182018-03-08
The long running battle between Google and Equustek has relocated north of the border. Background 
Deeth Williams Wall https://www.dww.com/articles/google-equustek-battle-returns-to-canadian-soil

CIPO News: Annual Report Released, Taiwan PPH Announced, and More CIPO News: Annual Report Released, Taiwan PPH Announced, and More

Intellectual Property
March 7, 2018March 7, 20182018-03-07
Annual Report for 2016-2017
Deeth Williams Wall https://www.dww.com/articles/cipo-news-annual-report-released-taiwan-pph-announced-and-more

Bell Canada Granted Interlocutory Injunction against Operations of TVAddOns to Curb Unauthorized Access to Copyrighted Materials Bell Canada Granted Interlocutory Injunction against Operations of TVAddOns to Curb Unauthorized Access t...

Trademark and Copyright Litigation
March 7, 2018March 7, 20182018-03-07
On February 20, 2018, Bell Canada (Bell) received their latest victory in combatting alleged copyright infringement through the use of KODI media players loaded with software used to enable unauthorized access to copyrighted content (our E-TIPS® coverage of earlier decisions can be found here and
Deeth Williams Wall https://www.dww.com/articles/bell-canada-granted-interlocutory-injunction-against-operations-of-tvaddons-to-curb

Ontario Superior Court of Justice Grants Relief for Infringement of MINT Trademark Ontario Superior Court of Justice Grants Relief for Infringement of MINT Trademark

Trademark and Copyright Litigation
March 7, 2018March 7, 20182018-03-07
On February 21, 2018, the Ontario Superior Court of Justice (Court) issued its decision in Randy River Inc v Mint Accessories Inc, (2018 ONSC 1215) granting judgment in favour of Randy River Inc (Randy River) for trademark infringement by Mint accessories In
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-grants-relief-for-infringement-of-mint-trademark

Canada’s Federal Court Finds Railway Inspection Technology Not Obvious Canada’s Federal Court Finds Railway Inspection Technology Not Obvious

Patent Litigation
March 7, 2018March 7, 20182018-03-07
On January 31, 2017, in Georgetown Rail Equipment Company v Rail Radar Inc, 2018 FC 70, the Federal Court (Court) held that Georgetown’s Canadian Patent Nos.
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-federal-court-finds-railway-inspection-technology-not-obvious

Health Canada Releases Front-of-Package Regulations for Consultation Health Canada Releases Front-of-Package Regulations for Consultation

Regulatory Law
March 7, 2018March 7, 20182018-03-07
On February 10, 2018, Health Canada published proposed regulations in the Canada Gazette Part I that would make additional significant changes to food labelling in Canada (the Regulations Amending Certain Regulations Made Under the Food and Drugs Act, see
Deeth Williams Wall https://www.dww.com/articles/health-canada-releases-frontofpackage-regulations-for-consultation

Proposed Trademark Regulations Published for Consultation in Canada Gazette Proposed Trademark Regulations Published for Consultation in Canada Gazette

Trademark
February 21, 2018February 21, 20182018-02-21
On February 12, 2018, the Government of Canada published proposed Trademark Regulations (the Proposed Regulations) for consultation.  The Proposed Regulations implement legislative amendments to the Trademarks Act passed in 2014 and 2015, which are not yet in force, and largely deal with compliance with the requirements of the Madrid Protocol, Singapore Treaty and Nice Agreement.  The 30-day consultation period for the Proposed Regulations will end on
Deeth Williams Wall https://www.dww.com/articles/proposed-trademark-regulations-published-for-consultation-canada-gazette

Facebook Use of Personal Information Found to be in Violation of German Privacy Law Facebook Use of Personal Information Found to be in Violation of German Privacy Law

Privacy
February 21, 2018February 21, 20182018-02-21
According to a press release from Verbraucherzentrale Bundesverband (VZBV), on January 16, 2018, the Berlin Regional Court (the Court) ruled that several of Facebook Inc’s default privacy settings and certain provisions of its terms of service and privacy policies violated German consumer law.  The written decision from the Court has yet to be released.
Deeth Williams Wall https://www.dww.com/articles/facebook-use-of-personal-information-found-to-be-violation-of-german-privacy-law

Uber Settles Trade Secret Dispute with Alphabet Subsidiary Waymo for $245 Million Uber Settles Trade Secret Dispute with Alphabet Subsidiary Waymo for $245 Million

Trade-secret
February 21, 2018February 21, 20182018-02-22
On February 9, 2018, Uber Technologies Inc. agreed to pay $245 million in shares to Waymo, a subsidiary of Alphabet Inc. The settlement announcement came just before the parties were to enter into the fifth day of a jury trial in San Francisco.
Deeth Williams Wall https://www.dww.com/articles/uber-settles-trade-secret-dispute-alphabet-subsidiary-waymo-for-245-million

Federal Court of Appeal Dismisses Teva’s Levofloxacin Patent Damages Appeals Federal Court of Appeal Dismisses Teva’s Levofloxacin Patent Damages Appeals

Pharmaceutical Patent Litigation
February 21, 2018February 21, 20182018-02-21
On February 8, 2018, Canada’s Federal Court of Appeal (FCA) dismissed Teva Canada Limited’s consolidated appeals from a Federal Court  (FC) decision ordering Teva to pay damages to Janssen Canada and Janssen US for infringement of Canadian Patent No 1,304,080 (the ‘080 Patent) claiming levofloxacin (Janssen’s LEVAQUIN®) (Teva Canada Limited v Janssen Inc,
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-teva%E2%80%99s-levofloxacin-patent-damages-appeals

US District Court Awards $6.7 Million USD in Damages for Destruction of Graffiti Murals US District Court Awards $6.7 Million USD in Damages for Destruction of Graffiti Murals

Copyright
February 21, 2018February 21, 20182018-02-21
On February 12, 2018, the United States District Court for the East District of New York (the Court) filed its judgment in Cohen v G&M Realty LP. The Court awarded 21 graffiti artists a total of $6.7 million in damages for violation of their rights under the Visual Artists’ Rights Act of 1990 (VARA). The defendants, Gerald Wolkoff and his real estate entities, owned warehouses known as the 5Pointz complex, on which the graffiti artists’ works were displayed.
Deeth Williams Wall https://www.dww.com/articles/us-district-court-awards-67-million-usd-damages-for-destruction-of-graffiti-murals

The Buck(s) Stops Here: EU General Court Halts COFFEE ROCKS Trademark Bid The Buck(s) Stops Here: EU General Court Halts COFFEE ROCKS Trademark Bid

Trademark
February 21, 2018February 21, 20182018-02-22
In Starbucks Corp v EUIPO & Nersesyan
Deeth Williams Wall https://www.dww.com/articles/bucks-stops-here-eu-general-court-halts-coffee-rocks-trademark-bid

Canadian Patent Appeal Board Rejects Delivery Notice System as Unpatentable Subject Matter Canadian Patent Appeal Board Rejects Delivery Notice System as Unpatentable Subject Matter

Patent
February 7, 2018February 7, 20182018-02-07
On December 14, 2017, the Canadian Patent Appeal Board (Board) in decision number 1436 regarding an application entitled “Delivery Notice and Method Using the Same” recommended that the application be refused on the basis that claimed invention is directed to non-statutory subject matter, is obvious, and is indefinite.
Deeth Williams Wall https://www.dww.com/articles/canadian-patent-appeal-board-rejects-delivery-notice-system-as-unpatentable-subject-matter

Graphical User Interface Menu Structure Found to be Patent-Eligible Subject Matter in US Graphical User Interface Menu Structure Found to be Patent-Eligible Subject Matter in US

Patent
February 7, 2018February 7, 20182018-02-07
On January 25, 2018, in a 2:1 split decision, the US Federal Circuit released its decision in Core Wireless Licensing v LG Electronics Inc, affirming the decision of the United States District Court for the Eastern District of Texas.
Deeth Williams Wall https://www.dww.com/articles/graphical-user-interface-menu-structure-found-to-be-patenteligible-subject-matter-us

OPC Publishes Draft Policy: Search Engines Must De-Index Personal Information Upon Successful Privacy Challenges OPC Publishes Draft Policy: Search Engines Must De-Index Personal Information Upon Successful Privacy Cha...

Privacy
February 7, 2018February 7, 20182018-02-07
On January 26, 2018, the Office of the Privacy Commissioner of Canada (OPC) published the Draft OPC Position on Online Reputation (the Draft Policy).
Deeth Williams Wall https://www.dww.com/articles/opc-publishes-draft-policy-search-engines-must-deindex-personal-information-upon

Distinctiveness Test in Trademark Opposition Not the Same Distinctiveness Test for Passing Off Distinctiveness Test in Trademark Opposition Not the Same Distinctiveness Test for Passing Off

Trademark
February 7, 2018February 7, 20182018-02-07
On January 17, 2018, the Federal Court (FC) dismissed the appeal of Sadhu Singh Hamdard Trust (Trust) from a decision of the Trade-marks Opposition Board (TMOB) refusing the Trust’s application to register the mark AJIT based on its use in association with printed publications and newspapers (Sadhu Singh Hamdard Trust v Navsun Holding
Deeth Williams Wall https://www.dww.com/articles/distinctiveness-test-trademark-opposition-not-same-distinctiveness-test-for-passing-off